Commission delays action on rental ordinance

By Grace Lovins

During the Monday, September 28, city commission meeting, Birmingham commissioners opted to postpone action on proposed ordinance amendments aimed at regulating short-term rentals.

After placing a six-month moratorium on new short-term rental licenses in April, the commission directed the city’s planning board to review how rental properties could be regulated and bring a recommendation on regulations that should be put in place. The planning board held a public hearing on their drafted regulations during the August 12 meeting, ultimately voting to move the proposal forward.

Planning director Nick Dupuis explained the planning board’s recommendations, noting that the proposed regulations would cover all districts with the exception of D4 and MX zones. Dupuis said the board based this decision on the transiency factor of short-term rentals and how that affects a single-family residential neighborhood versus a bustling urban environment.

Mayor pro tem Therese Longe also noted that the planning board had been split on the topic of exceptions. She said that some of the board also argued that the Supreme Court decision treating short-term rentals as a commercial use in residential areas could apply differently in districts that are not exclusively residential.

“Overall, the proposed amendments were intended to balance property rights and appropriate rental opportunities within the city’s goals of preserving neighborhood character and promoting health, safety and welfare,” Dupuis said.

In their discussion, commissioners brought up issues with potential parking requirements as well as allowing short-term rentals in the two districts that were marked as exceptions. One commissioner suggested approving the language, then making amendments so as not to miss the timeline set by the moratorium.

City manager Jana Ecker recommended the commission postpone their decision rather than approve regulations then circle back. She said because of how the regulations are intertwined, it would likely be more clear for the public to do everything at once.

Commissioners voted unanimously, 6-0, to postpone action on the ordinance amendments until the Monday, October 19, meeting. They anticipate city staff making changes to the language based on their recommendations.